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2018 (11) TMI 1276 - CESTAT BANGALOREPenalty u/s 11AC - Reversal of CENVAT Credit - penalty not reversed - contravention of the provisions of Rule 3 and Rule 4 of Cenvat Credit Rules, 2004 - Held that:- The Commissioner (Appeals) has invoked 11AC for imposition of equal penalty whereas there is no suppression or willful misstatement with intention to evade payment of duty. The excess credit so availed due to some clerical error which was a bona fide mistake and the same was corrected on being pointed out by the audit. The imposition of equal penalty by resorting to 11AC is not sustainable - penalty set aside - appeal allowed - decided in favor of appellant.
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